Procedural Powers In Competition Enforcement

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Procedural Powers in Competition Enforcement

Author : Maria De Benedetto
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Procedural Powers in Competition Enforcement by : Maria De Benedetto

Download or read book Procedural Powers in Competition Enforcement written by Maria De Benedetto and published by . This book was released on 2014 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition enforcement is characterised by asymmetric information and Competition Authorities have been provided with inspection powers to reduce the informative gap. The paper looks at competition inspections from different perspectives. First of all, the paper analyses convergences of principles and divergences of rules between different competition systems starting from two wide analyses carried out by the European Competition Network in 2012 and by the International Competition Network in 2013. Secondly, it tries to look at competition inspections from the point of view of undertakings, especially describing the practice of adopting Guidelines and internal rules for giving instructions to be followed during a competition inspection but also mentioning the costs of inspections, the duty of undertakings to cooperate during inspections (and sanctions for non-compliance) and - finally - the limits to the same power of inspection.Moreover, the point of view of Competition Authorities has been taken into account, with particular regard to the questions of planning inspections, administrative capacity in performing inspections and international cooperation in competition inspections.

Procedural Fairness in Competition Proceedings

Author : Paul Nihoul
Publisher : Edward Elgar Publishing
ISBN 13 : 178536006X
Total Pages : 389 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Procedural Fairness in Competition Proceedings by : Paul Nihoul

Download or read book Procedural Fairness in Competition Proceedings written by Paul Nihoul and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.

Lasting Change in Competition Law and Policy

Author : Spencer Weber Waller
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Lasting Change in Competition Law and Policy by : Spencer Weber Waller

Download or read book Lasting Change in Competition Law and Policy written by Spencer Weber Waller and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a time of passionate debate on the fundamental goals of competition law. Should there be a single overarching goal for all of competition law and policy? Should that goal be framed in purely economic terms? Should antitrust focus on protecting the competitive process, preventing unfair market conduct, or the abuse of superior bargaining position? Should antitrust promote and protect democracy, address social and racial injustice, or address climate change and sustainability? How should multiple goals be administered, weighed, and traded off in enforcement priorities and litigation?There is a progressive turn in the United States at the moment. But regardless of the nature and direction of the desired change, there is the equally important issue of how to achieve lasting change that survives the inevitable change in enforcement personnel and political leaders over time. In this essay, I focus on how to achieve that lasting change regardless of the goals and direction of change that any particular jurisdiction seeks to adopt. Most of the specific examples come from current developments in the United States, but are illustrative of the process of lasting change in competition.Enforcement agencies are key players in this process, but are constrained by the constitutions, treaties, legislation and court decisions of their jurisdictions. Any campaign for change therefore depends on the wise use of the full substantive and procedural powers assigned to them by the political branches of the government. Successfully achieving substantial change rarely happens by accident, and most often requires a combination of such factors as:• Creatively using the full statutory powers assigned to the agencies• Striving for a unified whole of government approach to competition policy and• Deeply engaging the general public.

European Competition Law Procedural Reform

Author : Francisco Enrique González Díaz
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis European Competition Law Procedural Reform by : Francisco Enrique González Díaz

Download or read book European Competition Law Procedural Reform written by Francisco Enrique González Díaz and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the entry into force of Council Regulation (EC) No 1/2003, national competition authorities (“NCAs”), commentators and stakeholders have suggested numerous modifications to improve European competition enforcement and fairness. The European Commission's (hereinafter the “Commission”) proposal to strengthen the powers of NCAs -- the so-called “ECN (European Competition Network) Reform” -- has the potential to introduce long-awaited changes that are likely to respond to a significant part of the demand for reform. The Commission has not addressed, however, other amply and sometimes hotly debated requests. More discussion on the merits and demerits of further procedural reform appears thus necessary. In what follows we first briefly summarize the process leading to the ECN Reform and outline the most salient requests for reform made during this process. We next outline the claims to improve fairness in European competition enforcement in the wider framework of Regulation 1/2003, and identify a few areas where improvement may be necessary. We conclude with a few ideas that may contribute to the debate on the right mix between enforcement powers and due process in competition law enforcement.

The Design of Competition Law Institutions

Author : Eleanor M Fox
Publisher : Oxford University Press
ISBN 13 : 0199670048
Total Pages : 518 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Design of Competition Law Institutions by : Eleanor M Fox

Download or read book The Design of Competition Law Institutions written by Eleanor M Fox and published by Oxford University Press. This book was released on 2013 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant power is exercised through webs created between different systems of national law, influenced by governments but also by transnational actors such as global corporations and transnational NGOs, and often with an overlay of formal international law or of substantial influence from international institutions. Studying the procedures used by competition institutions (dealing with specific cases concerning monopolies, mergers, anti-competitive practices) this volumes uses a template to study practices of many national institutions and the EU, and examines the interactions among these and with prescriptions of influential international bodies. Together these form a web, with existing procedural rules and practices in a particular institution criticized and alternatives championed and transmitted partly by prescription and partly by arguments of major global law firms, of global corporations, and of consultants dispatched by the ICN and other agencies. This whole process, examined for the first time in this book, is the real global governance of the procedural law and practices of market supervision under competition rules. Delving deeply into their jurisdictions and internationally, the contributors illuminate the inner workings of the systems and expose the procedure, process, and performance norms embedded within. Case studies are drawn from Australia, Canada, Chile, China, Japan, South Africa, the USA, and the EU, as well as four leading international institutions involved in antitrust, the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network. The results reveal a convergence of these norms across the very different systems, a procedural norms convergence that offers a necessary counterpart to studies on substantive rule convergence. These results provide benchmarks for the field, suggest possibilities for future development, and offer lessons for all interested in competition law and global governance.

Due Process and Fair Trial in EU Competition Law

Author : Cristina Teleki
Publisher : BRILL
ISBN 13 : 9004447490
Total Pages : 392 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki

Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

EU Antitrust Enforcement Powers and Procedural Rights and Guarantees

Author : Wouter P. J. Wils
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis EU Antitrust Enforcement Powers and Procedural Rights and Guarantees by : Wouter P. J. Wils

Download or read book EU Antitrust Enforcement Powers and Procedural Rights and Guarantees written by Wouter P. J. Wils and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper deals with the powers of the European Commission and the competition authorities of the EU Member States to enforce Articles 101 and 102 TFEU, and with the procedural rights and guarantees that circumscribe or limit these powers. It focuses in particular on the interplay between the different sources of law governing these matters: EU and national legislation, the Charter of Fundamental Rights of the EU, the European Convention on Human Rights, and the case-law of the EU Courts and the European Court of Human Rights.

Competition Law Enforcement in the BRICS and in Developing Countries

Author : Frederic Jenny
Publisher : Springer
ISBN 13 : 9783319809250
Total Pages : 361 pages
Book Rating : 4.8/5 (92 download)

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Book Synopsis Competition Law Enforcement in the BRICS and in Developing Countries by : Frederic Jenny

Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2018-05-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Promoting International Procedural Norms in Competition Law Enforcement

Author : Roger Paul Alford
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Promoting International Procedural Norms in Competition Law Enforcement by : Roger Paul Alford

Download or read book Promoting International Procedural Norms in Competition Law Enforcement written by Roger Paul Alford and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article begins with a general discussion of why governments comply with international law norms. It then discusses the specific antitrust context in which international norms are created, the process of identifying fundamental due process norms, and the review mechanisms that were adopted to promote meaningful compliance with the CAP.

Efficient Procedural Rules for the Enforcement of a 'More Economic' Competition Law

Author : P. Pohlmann
Publisher :
ISBN 13 : 9781782546276
Total Pages : 265 pages
Book Rating : 4.5/5 (462 download)

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Book Synopsis Efficient Procedural Rules for the Enforcement of a 'More Economic' Competition Law by : P. Pohlmann

Download or read book Efficient Procedural Rules for the Enforcement of a 'More Economic' Competition Law written by P. Pohlmann and published by . This book was released on 2015-07-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt:

"Competition law enforcement in digital markets" - e-Book

Author : FALCE VALERIA
Publisher : G Giappichelli Editore
ISBN 13 : 889219786X
Total Pages : pages
Book Rating : 4.8/5 (921 download)

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Book Synopsis "Competition law enforcement in digital markets" - e-Book by : FALCE VALERIA

Download or read book "Competition law enforcement in digital markets" - e-Book written by FALCE VALERIA and published by G Giappichelli Editore. This book was released on 2021-09-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Key structuring elements of today’s digital econ-omy are digital markets and services (i.e., the Digital Markets Act and the Digital Services Act) leading to a new season in the area of innovation policies. It is the season of the centralization of governance and enforcement powers in the hands of the European Commission, through which the European Union sets direction and speed. The direction looks forward to empowering the protagonists of the digital ecosystem and properly running the markets. The keywords of the new policies are indeed fairness, openness, and non-discrimination. The speed is the one recognized by innovation: from rigid and static obligations and prohibitions, the European commission proposed flexible and dynamic guidance, responding to market developments and requests from Member States, which recommend proposals for modernization, revision and introduction of new rules.

Competition Enforcement and Procedure

Author : Renato Nazzini
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Competition Enforcement and Procedure by : Renato Nazzini

Download or read book Competition Enforcement and Procedure written by Renato Nazzini and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first work to disentangle the procedural complexities of the interplay between public and private enforcement of competition law in the EU and in the UK as well as in its transnational, multi-jurisdictional dimension. Now in its second edition, the work considers a number of crucially important legal developments in relation to the enforcement of competition law globally and within the European Union including the EU Directive on damages actions, the reforms of the UK public enforcement regime in the Enterprise and Regulatory Reform Act 2013, the reforms of the UK private enforcement regime brought about by the Consumer Rights Act 2015, and recent case law developments on public and private enforcement. This volume contains an in-depth examination of the principles and policies underlying the interplay of administrative, criminal and civil proceedings and explains in detail the practical solutions and strategies available in light of the relevant legislation and case law. Fully revised and updated with developments in jurisprudence across the US, UK, and EU, this is the most comprehensive and authoritative practitioner guide to this fast-moving and complex area of law.

Private Enforcement of EU and National Competition Law

Author : Ignacio Sancho Gargallo
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Private Enforcement of EU and National Competition Law by : Ignacio Sancho Gargallo

Download or read book Private Enforcement of EU and National Competition Law written by Ignacio Sancho Gargallo and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic ordinary courts within the EU Member States are empowered to hear cases concerning damages actions arisen from the infringement of articles 81 and 82 ECT. This article analyzes the evolution of the rules governing this topic and emphasizes civil actions in Competition law, judicial powers, procedural rules and the impact of the EU law and institutions, as well as their cooperation with the national ones.

EU Competition Law

Author : Armando Avallone
Publisher :
ISBN 13 : 9789077644300
Total Pages : 0 pages
Book Rating : 4.6/5 (443 download)

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Book Synopsis EU Competition Law by : Armando Avallone

Download or read book EU Competition Law written by Armando Avallone and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Competition Laws Outside the United States

Author : H. Stephen Harris
Publisher : American Bar Association
ISBN 13 : 9781570738814
Total Pages : 1706 pages
Book Rating : 4.7/5 (388 download)

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Book Synopsis Competition Laws Outside the United States by : H. Stephen Harris

Download or read book Competition Laws Outside the United States written by H. Stephen Harris and published by American Bar Association. This book was released on 2001 with total page 1706 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ne Bis in Idem in EU Law

Author : Bas van Bockel
Publisher : Cambridge University Press
ISBN 13 : 1316720659
Total Pages : 263 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Ne Bis in Idem in EU Law by : Bas van Bockel

Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.